Title 20, Title 20: Internal Security and Public Safety

§ 1972. Alternate representative The Commissioner of Public Safety may designate an alternate to serve in his or her place and stead on the New England State Police Administrators’ Conference as permitted by article III(b) and (c) of the New England State Police Compact; however,…

§ 2051. Creation of Center There shall be within the Department of Public Safety a center to be known as the Vermont Crime Information Center. It shall be the official State repository for all criminal records, records of the commission of crimes, arrests, convictions, photograph…

§ 2052. Director The Commissioner of Public Safety shall appoint a qualified person as Director of the Center. (Added 1969, No. 290 (Adj. Sess.), § 10.)

§ 2053. Cooperation with other agencies (a) The Center shall cooperate with other State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers in this State and with federal and international law enforcement agencies to develop and ca…

§ 2054. Uniform reports (a) The Center shall provide State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers with uniform forms for the reporting of the commission of crimes, arrests, convictions, imprisonment, probation, parole,…

§ 2055. Files (a) The Director of the Vermont Crime Information Center shall maintain and disseminate such files as are necessary relating to the commission of crimes, arrests, convictions, disposition of criminal causes, probation, parole, fugitives from justice, missing persons…

§ 2056. Certified records Upon the request of a Superior judge, the Attorney General, or a State’s Attorney, the Center shall prepare the record of arrests, convictions, or sentences of a person. The record, when duly certified by the Commissioner of Public Safety or the Director…

§ 2056a. Dissemination of criminal history records to criminal justice agencies (a) As used in this section: (1) “Criminal history record” means all information documenting an individual’s contact with the criminal justice system, including data regarding identification, arrest o…

§ 2056b. Dissemination of criminal history records to persons conducting research (a) The Vermont Crime Information Center may provide Vermont criminal history records as defined in section 2056a of this title to bona fide persons conducting research related to the administration…

§ 2056c. Dissemination of criminal conviction records to the public (a) As used in this section: (1) “The Center” means the Vermont Crime Information Center. (2)(A) “Criminal conviction record” means the record of convictions in the Criminal Division of the Superior Court. (B) Re…

§ 2056d. Criminal history records and other identification records (a) Statewide criminal history records shall be released only by the Vermont Crime Information Center. (b) Information other than criminal history records, such as State identification numbers, shall be released o…

§ 2056e. Dissemination of criminal history records to the Department of Buildings and General Services; security personnel (a) The Department of Buildings and General Services shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state crimin…

§ 2056f. Dissemination of criminal history records and criminal convictions records to an individual A person may obtain a copy of his or her own criminal history record as defined in section 2056a of this title or criminal conviction record as defined in section 2056c of this ti…

§ 2056h. Dissemination of criminal history records to the Department of Financial Regulation (a) The Department of Financial Regulation shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal…

§ 2056i. Dissemination of criminal history records to the Department of Buildings and General Services; private contractors (a) Definitions. As used in this section: (1) “Criminal record” means the record of: (A) convictions in Vermont; or (B) convictions in other jurisdictions r…

§ 2057. Information From time to time but at least annually, the Center shall publish information relating to criminal activity, arrests, convictions, and such other information as the Commissioner deems relevant. (Added 1969, No. 290 (Adj. Sess.), § 10.)

§ 2059. Relationship to Departments of Corrections and of Motor Vehicles This chapter shall not apply to traffic offenses or any provisions of Title 23, 5 V.S.A. § 2001, or those sections of Title 32 that are administered by the Commissioner of Motor Vehicles. Notwithstanding any…

§ 2060. Release of records The Center is authorized to release records or information requested under 33 V.S.A. § 6914, 26 V.S.A. § 1353, 24 V.S.A. § 4010, or 16 V.S.A. chapter 5, subchapter 4. (Added 1991, No. 159 (Adj. Sess.), § 1; amended 1993, No. 100, § 10; 1995, No. 51, § 4…

§ 2061. Fingerprinting (a) A law enforcement officer shall take, or cause to be taken, the fingerprints and photographs of a person if the person is arrested or given a summons or citation for a felony or for being a fugitive from justice. (b) A law enforcement officer may take, …

§ 2062. Fingerprinting fees State, county, and municipal law enforcement agencies may charge a fee of not more than $35.00 for providing persons with a set of classifiable fingerprints. No fee shall be charged to retake fingerprints determined by the Vermont Crime Information Cen…

§ 2063. Criminal history record fees; Criminal History Record Check Fund (a) Except as otherwise provided for in this section, the cost of each check for a criminal history record as defined in section 2056a of this title or a criminal conviction record as defined in section 2056…

§ 2064. Subscription service (a) As used in this section: (1) “State Identification Number (SID)” means a unique number generated by the Center to identify a person in the criminal history database. (2) “Subscription service” means a service provided by the Center through which a…

§ 2065. Ratification of the National Crime Prevention and Privacy Compact (a) The Vermont General Assembly hereby approves and ratifies the National Crime Prevention and Privacy Compact, 34 U.S.C. §§ 40311- 40316. The Compact shall remain in effect until legislation is enacted re…

§ 2221. Employment At the expense of the State, the Governor may employ sheriffs, deputy sheriffs, and constables for the preservation of the public peace when in his or her judgment the public good requires it. The Commissioner of Finance and Management shall issue his or her wa…

§ 2222. Federal law enforcement officers; power of arrest for Vermont crimes (a) For purposes of this section, “a certified federal law enforcement officer” means a federal law enforcement officer who: (1) is employed as a law enforcement officer of the federal government as: (A)…

§ 2271. Employment; powers When in his or her judgment the public good requires it, the Attorney General may apply to the Governor for leave to employ detective service, at the expense of the State, in the detection and apprehension of a criminal, in the investigation of any crim…

§ 2272. Authorization The Governor may grant such application and shall fix the maximum amount of expense authorized in the particular case.

§ 2273. Statement and warrant for expenses The Attorney General shall present to the Governor for approval an itemized statement of his or her expenses incurred in the employment of detective service under sections 2271 and 2272 of this title. On approval of the Governor, the Com…

§ 2301. Applicability of chapter Notwithstanding any other provisions of law relating to the retention and disposition of evidence or lost, unclaimed, or abandoned property, the provisions of this chapter shall govern the retention or disposition, or both, of unlawful firearms in…

§ 2302. Unlawful firearms; agency As used in this chapter: (1) “Unlawful firearms” means firearms the possession of which constitutes a violation of federal or State law and firearms carried or used in violation of any federal or State law or in the commission of any federal or S…

§ 2303. Delivery to Commissioner of Public Safety (a) Any unlawful firearm in the possession of an agency that is not needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding shall, within 30 days of its receipt by the agency, be delivere…

§ 2305. Disposition of unlawful firearms (a) Any firearm the possession of which is unlawful per se shall either be destroyed, or if the Commissioner of Public Safety deems it appropriate, retained by the Department of Public Safety for purposes of forensic science reference. In …

§ 2306. Rights of innocent owner Nothing contained in subsection 2305(b) of this title shall prejudice the rights of the bona fide owner of any unlawful firearm, the disposition of which is governed by that subsection, upon affirmative proof by him or her that he or she had no ex…

§ 2307. Firearms relinquished pursuant to relief from abuse order; storage; fees; return (a) As used in this section: (1) “Federally licensed firearms dealer” means a licensed importer, licensed manufacturer, or licensed dealer required to conduct national instant criminal backgr…

§ 2351. Creation and purpose of Council (a) In order to promote and protect the health, safety, and welfare of the public, it is in the public interest to provide for the creation of the Vermont Criminal Justice Council. (b) The Council is created to: (1) encourage and assist mun…

§ 2351a. Definitions As used in this chapter: (1) “Executive officer” means the highest-ranking law enforcement officer of a law enforcement agency. (2) “Law enforcement agency” means the employer of a law enforcement officer. (3) “Law enforcement officer” means a member of the D…

§ 2352. Council membership (a)(1) The Vermont Criminal Justice Council shall consist of: (A) the Commissioners of Public Safety, of Corrections, of Motor Vehicles, of Fish and Wildlife, and of Mental Health; (B) the Attorney General; (C) the Executive Director of the Department o…

§ 2354. Council meetings (a) The Council shall meet at least once in each quarter of each year. Special meetings may be called by the Chair or upon the written request of six members of the Council. (b) The Council shall adopt rules as to quorum and procedures with respect to the…

§ 2355. Council powers and duties (a) The Council shall adopt rules with respect to: (1) the approval, or revocation thereof, of law enforcement officer training schools and off-site training programs, which shall include rules to identify and implement alternate routes to certif…

§ 2357. Powers and duties of the Executive Director The Executive Director of the Council, on behalf of the Council, shall have the following powers and duties, subject to the supervision of the Council and to be exercised only in accordance with rules adopted under this chapter:…

§ 2358. Minimum training standards; definitions (a) Unless waived by the Council under standards adopted by rule, and notwithstanding any statute or charter to the contrary, no person shall exercise law enforcement authority as a law enforcement officer without completing a basic…

§ 2359. Council services contingent on agency compliance (a) On and after January 1, 2022, a law enforcement agency shall be prohibited from having its law enforcement applicants or officers trained by the Police Academy or from otherwise using the services of the Council if the …

§ 2361. Additional training (a) Nothing in this chapter prohibits any law enforcement agency from providing additional training beyond basic training to its personnel where no certification is requested of or required by the Council or its Executive Director. (b) The executive of…

§ 2362. Reports (a) Within ten business days: (1) Elected constables. A town, village, or city clerk shall notify the Council, on a form provided by the Council, of the election, appointment to fill a vacancy under 24 V.S.A. § 963, expiration of term, or reelection of any constab…

§ 2362a. Potential hiring agency; duty to contact current or former agencies (a)(1) Prior to hiring a law enforcement officer, the executive officer of a potential hiring law enforcement agency shall: (A) require that officer to execute a written waiver that explicitly authorizes…

§ 2364. State Police, basic training Basic training programs for Vermont State Police officers, including curriculum, location, duration, and selection of instructors and other personnel, shall be developed and conducted by the Commissioner of Public Safety and submitted to the C…